BLAW 378 Final

Raising revenue (tax bills)

Rules Committee

-Unanimous Consent Agreement
-Filibuster

adjusts differences on a particular bill passed by each in different form to create a new version which must be voted on again

-statutes are hard to enact
-statutes are costly
-statutes are hard to amend or repeal
-Presidents resort to executive action

-many problems are not addressed or only addressed when they are big problems
-statutory policy is diluted
-old statutes are hard to change
-political gamesmanship
-tyranny of minority

-keeps federal power in check
-promotes moderation
-promotes deliberation
-norms only change through national struggle

if a word is not defined in a statute, dictionaries and linguistic intuitions are used, or the common law

when 2+ words grouped together have similar meaning but are not equally comprehensive, the general word is limited and qualified by the special word

when general words follow specific words, the general words are construed to only objects similar in nature to the specific words

the enumeration of certain things in a statute suggests that the legislature deliberately excluded things not listed

A statute should be construed in light of the other provisions in the statute so as to achieve a coherent whole.

because every word adds something to the statute, words or clauses that render other words void or irrelevant are disfavored

the same meaning is implied by the use of the same expression in every part of the act and if there is a change in wording there is a change in meaning

published as a written proposal in the Federal Register to summarize proposed rules and invites parties to comment

-NPRM published in Federal register
-Parties comment on proposed rules
-Agency reviews comments, issues final rule, and explains reasoning
-Executive branch agencies are required to submit proposals with anticipated costs of $100+ million to OIRA with costs benefit analysis

must go through the notice-and-comment rulemaking process again

-could overturn it with a statute
-could refuse to appropriate funds

-petition for reconsideration
-sue
-take it to Congress
-take it to media

agencies use scientist's expertise to study problems

-Take care clause
-political interest to ensure action tracks personal preferences

-control over agency officials
-Regulatory Planning and Review through OIRA

An agency planning a rule must
-prepare agenda at date set by OIRA
-prepare a plan of most significant actions planned for next year
-Circulate plan with other agencies within 10 days
-inter-agency coordination with other agencies
-conduct cost-benefit analysis

-statutes
-appropriations
-oversight
---Notice and comment rulemaking
---Freedom of Information Act

case exploring whether courts should defer to agency interpretations of statutes. Determined courts should consider:
-thoroughness of agency consideration
-validity of agency reasoning
-consistency of decision with other pronouncements by the same agency

accounts for a variety of agency action

gives judges a lot of discretion and can be unpredictable

leading case on judicial deference to agency interpretation of statutes. 2 Step analysis:
1- Is the statute ambiguous?
2- If yes, is the agency interpretation reasonable?
-Chevron only applies to agency interpretation the statute agency administers

The EPA interpreted the Clean Air Act to mean that all emitting devices in the same industry are under the same bubble. Court held EPA's interpretation to be reasonable

-Congressional delegation
-Agency expertise
-political accountablity

-Skidmore gives agencies more and less deference depending on how persuasive the agency has been
-Chevron is less flexible sometimes giving the agency a lot of deference if the statute is ambiguous

defines scope of judicial review for agency action and ability to set aside agency action found to be "arbitrary and capricious" (s 706)

to ensure agencies don't go too far astray from their original directives and procedures

courts become another forum for interest groups to battle out or derail statutory schemes

court found that the DOT constructing federal highways through public parks as "arbitrary and capricious". Significant for having a "hard look" review of the actions taken by an agency under the APA

the NHTSA rescinded seatbelt and airbag requirements was found to be "arbitrary and capricious" due to lack of adequate explanation and lack of exploring alternative options

Using a purposivist approach, a thing may be within the letter of a statute and not within the statute because it is not within the spirit of the statute, nor within the intention of the statute's makers.

must hold a public hearing before establishing the rule- not common

Facts were determining if a gun in the glove box was considered "carrying a firearm". Majority said it did and used textual canons of dictionaries and literature to decide this

(the university was denied tax-exempt status because it discriminates racially). In order to get 501c3 status a school had to be a "public good" and a segregated school was interpreted to not be a public good

intent of the legislation

the problem the legislature was seeking to address

the purpose that a reasonable legislature would reasonably pursue

the intent of the legislature with respect to an issue or aspect that it did not consider

the ordinary meaning of words